Geothermal Steam Act Amendments of 1980

(Measure passed Senate, amended)

Geothermal Steam Act Amendments of 1980 - Declares that the United States must act with determination to develop geothermal resources.

Amends the Geothermal Steam Act of 1970 to revise the definition of geothermal resources to specify that such resources include geopressurized water, magma, and hot rock formations.

Redefines the term "known geothermal resources area" (KGRA) to mean an area designated as such prior to October 1, 1979, as an area for which there is substantial physical evidence which would warrant a belief, in knowledgeable persons, that substantial expenditures to generate electricity are reasonable.

Defines the term "conditioned leases" to include, but not be limited to, "limited surface use leases" meaning leases that limit surface activities to those not involving significant surface disturbance, but may involve casual uses and the conduct of approved exploratory operations. Defines the term "conditioned development leases" to mean leases providing that no development activities may be conducted until an environmental impact review has been approved. Provides that if a full development lease is to be offered, it shall be first offered to the holder of a conditioned lease.

Authorizes the Secretary of the Interior to issue leases for the development and utilization of geothermal resources in any lands withdrawn or acquired in aid of the functions of any department or agency of the Federal Government.

Directs the Secretary, when leasing lands within a KGRA, to seek to offer them for lease to the highest qualified bidder by competitive sale within 18 months from nomination. Limits nominations by any one person in any year to 51,200 acres. Stipulates that a person may nominate more acres on the basis of ecological, technical, or geologic evidence. Directs the Secretary to offer ten percent of all lands offered for sale on a basis other than cash bonus bidding. Permits an applicant to request either a lease providing for full exploration and development rights or a conditioned lease including a limited surface use or conditioned development lease. Provides that an applicant, upon voluntary election, may be offered a conditioned lease as an alternative to a decision not to lease. Permits the Secretary to deny either a conditioned or a development lease. Provides for expedited processing of lease applications for which the applicant provides significant evidence of readiness. Entitles an applicant to a lease on a noncompetitive basis if the applicant conducts exploration activities resulting in discoveries sufficient to require KGRA designation covering lands for which the lease application was made.

Permits the Secretary to allow exploration and testing activities under a conditioned lease on lands subject to wilderness study.

Directs the Secretary to develop uniform national, State, and regional standards to be used in deciding whether to approve or deny exploration and testing permits.

Increases the average limit for a lease in any one State. Exempts, from the limit, any lease with a well capable of commercial production.

Authorizes the readjustment of a lease no sooner than 20 years from geothermal production (an extension from the previous 10 year minimum).

Requires the consent of the Secretary of Defense prior to leasing lands withdrawn or acquired to aid the functions of the Department of Defense.

Directs the Secretary of Defense to prepare a report on leasing procedures for withdrawn and acquired lands and to submit such report to Congress.

Authorizes the Secretary of the Interior, and directs the Secretary pursuant to such regulations as the Secretary shall promulgate, to grant free geothermal resource use permits to a surface owner or occupant if only relatively small quantities of the resource are involved, no electricity is generated, the resource is not commercially sold or developed, and is to be used directly by such person in a residence, farm, or small business.

Permits Federal agencies to develop geothermal resources for their own use, if such utilization is in the public interest and will not deter commercial development. Authorizes an agency to sell or transfer at a reasonable rate incidental quantities of the resource to the surrounding community, and if no commercial development occurs with a reasonable time, excess resources may be sold or transferred to the surrounding community.

Sets time limits for the issuance of permits following the submission of the application.

Establishes diligence requirements for leases which require that a plan of operations for explorations shall be filed within three years of the issuance of a lease, and that drilling shall commence no later than 29 months following permit approval.

Provides for a five percent royalty charge for the use of nonelectric geothermal resources. Permits the Secretary to defer such royalty payments when in the public interest for municipal, cooperative, or political subdivision lessees where legal limitations on front-end financing otherwise would prohibit or significantly deter development.

Directs the Secretary to publish and periodically update a list of nationally significant thermal features located within national parks or monuments (other than the State of Alaska). Authorizes the Secretary to issue geothermal leases on such lands only upon finding that exploration activities pursuant to a geothermal lease will not have a significantly adverse effect on nationally significant geothermal features.

Provides that applicants for loans, grants or licenses pursuant to such leases may request an informal hearing with the government agency concerned for the purpose of presenting testimony relative to exploration activities.

Directs the Secretaries of Agriculture and Interior to seek to develop cooperative agreements with the Governor of each State for geothermal leasing and operations. Directs the Secretaries to report to Congress concerning such agreements.

Directs the Secretary to implement the following new leasing and operating procedures: (1) lease application information shall indicate all requirements for information and action needed by the applicant for timely processing of the application; (2) all applications already filed or pending on the date of enactment shall be subject to the time frames established by this Act; and (3) in the preparation of any environmental assessment or impact statement, to utilize any relevant information contained in applicable and available land management plans.

Directs the Secretary of the Interior to review and to report to Congress on the provisions of this Act and the recommendations of the Interagency Geothermal Coordinating Council Streamlining Task Force.

Provides that a reasonable number of leasing tracts, but not in excess of ten percent of the acreage leased in any year, shall be offered to public bonds.

Directs the Secretary to promulgate regulations to ensure the prompt reoffering of all relinquished, abandoned, and expired leases.

Directs the Secretary to prescribe rules and regulations to carry out this Act within 180 days of enactment.

Establishes the Interagency Geothermal Leasing Committee to review the implementation of this Act and to issue reports to the Secretaries of Agriculture, Energy, and Interior, and to Congress. Directs the Committee, in addition, to: (1) commission annually a leasing streamlining task force; (2) report to the Interagency Geothermal Coordinating Council; and (3) make separate specific budget recommendations to various secretaries, the Office of Management and Budget, and to Congress. Terminates the Commission three years from the enactment of this Act.